What should I do if my name is missing from a patent?



While working for a company, I contributed inventions that eventually became issued patents. While all other members of the team I worked on are named on those patents, my name is missing.

What should I do to ensure that my name is added to patents on which it belongs? What can I do if the company is not cooperating?


Posted 2012-09-05T21:48:00.403

Reputation: 1 116

Yes, i am sure that my ideas were used to generate new patents issued by the company – Chezare – 2016-09-21T23:12:07.733

Are you sure that what you contributed is actually something that counts as "Invention"? An "idea" is not invention. You have to contribute a "solution". "Ideas" can lead others to solve the problems, but those people are the "inventors". My suggestion is you review the patents, identify which claims you contributed, and send that to the patent attorney. – Julie in Austin – 2012-09-22T12:12:27.373



If it is a United States patent see if your company's patent attorney(s) will file a "Correction of Inventorship" pursuant to CFR 37 Section 1.48 which reads in relevant part to your situation:

§ 1.48 Correction of inventorship in a patent application, other than a reissue application, pursuant to 35 U.S.C. 116.

(a) Nonprovisional application after oath/declaration filed. If the inventive entity is set forth in error in an executed § 1.63 oath or declaration in a nonprovisional application, and such error arose without any deceptive intention on the part of the person named as an inventor in error or on the part of the person who through error was not named as an inventor, the inventorship of the nonprovisional application may be amended to name only the actual inventor or inventors. Amendment of the inventorship requires:

(1) A request to correct the inventorship that sets forth the desired inventorship change;

(2) A statement from each person being added as an inventor and from each person being deleted as an inventor that the error in inventorship occurred without deceptive intention on his or her part;

(3) An oath or declaration by the actual inventor or inventors as required by § 1.63 or as permitted by §§ 1.42, 1.43 or § 1.47;

(4) The processing fee set forth in § 1.17(i); and

(5) If an assignment has been executed by any of the original named inventors, the written consent of the assignee (see § 3.73(b) of this chapter).


Posted 2012-09-05T21:48:00.403

Reputation: 1 001

1Added to question: what can I do if I can't get the company's attention, or if they drag their feet? – orome – 2012-09-05T22:21:27.717

@raxacoricofallapatorius I can't help you there. I mean I wouldn't even know where to begin with that question. Sorry. – ihtkwot – 2012-09-07T13:08:23.337

@raxacoricofallapatorius that would be a good question for our Workplace site

– voretaq7 – 2012-09-14T16:34:21.597

1Let me add that your employer has every reason to make sure that all inventors are properly identified to the Patent Office. The patent owner faces some very serious problems with enforcement of patent rights if any inventor is not properly identified. Failure to identify an inventor means that the patent holder has not obtained the necessary assignment from the inventor and has not recorded the assignment with the Patent Office. – user96 – 2012-09-05T22:25:57.837